Can the police use a prostitute’s phone to pose as her and arrest clients?

UPDATED: Jan 2, 2012

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Can the police use a prostitute’s phone to pose as her and arrest clients?

I work as an escort. Recently a friend of mine was arrested for prostitution. Her phone was taken from her during the arrest. The police posed as her and used it to contact all of her clients via text. When they arrived they were arrested also. Is there any sort of law keeping them from doing this? The phone was her property I just can’t see how they would be legally able to perform a sting operation with it. Is there anything she can do?

Asked on January 2, 2012 under Criminal Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Law enforcement can use a confiscated cell phone resulting from an arrest of your friend for prostitution to make further contact with her "clients" as part of the investigation process of the crime and to make further arrests.

The cell phone was the "fruit" of the arrest and could be used to make further arrests. The "clients' of your friend have no justifiable expectation that the person who was texting them post your friend's arrest was not law enforcement.

The "clients" simply could have ignored the mesages and not gotten arrested. I suggest that your friend who was arrested for prostitution contact a criminal defense attorney to assist her with the pending charges against her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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